Retention of Records

[Tadees]

For the purposes of due diligence, how far back would courts want records such as monthly inspections/audits, fire alarm service certificates, periodic electrical inspection reports, weekly testing of the fire alarm system to be retained for?  Is there any guidance under alternative H&S legislation or in case law?

[Mr. P]

5 years seems to ding a bell from H&S tombs.

[Tom Sutton]

I would think you should consider the legal position,

There is a substantial and complex amount of EU and UK legislation which has an impact upon the retention of personnel and other related records. Examples of legislation dealing with particular categories of records are provided in the boxes below. Other important statutes, statutory instruments and EU Directives include the following:

Acts

   Limitation Act 1980
   Data Protection Act 1998
   Freedom of Information Act 2000
   The Regulation of Investigatory Powers Act 2000
 
Statutory instruments

   Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426)
   The Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007 (SI 2007/2197)
   The Data Retention (EC Directive) Regulations 2007 (SI 2007/2199)

Directives

   Data Protection Directive 95/46/EC
   Privacy and electronic communications Directive 2002/58/EC

If you are not subject to any of this legislation then select a reasonable period that you think acceptable.

Or just keep them for 5 years as P has said.  

[Owain]

6 years excluding the current year covers most requirements for civil claims and HMRC.

However some records can be summarised periodically, eg if you have a monthly inspection/audit and that confirms that the alarm has been tested weekly, do you need to keep the weekly sheets for the current year (probably) or for all six years (probably not).